TaxNegative suggests that a one-percentage-point increase inthe tax rate for this type of fiscal policy—that is, a one-percentage-pointincrease in distortionary taxes accompanied by a one-percentage-pointincrease in either unproductive spending or nondistortionary taxes (seetable 3)—would lower annual economic growth by 0.18 percentagepoints. Alternatively, a one-percentage-point increase in taxes as part of aTaxAmbiguous fiscal package is associated with lower annual economicgrowth of 0.11 percent. If part of a TaxPositive fiscal package, the sametax increase is associated with a 0.02 percent increase in economic growth

ositive economic growth (TaxPositive fiscalpolicies): (1) an increase in nondistortionary taxes to fund productive expen-ditures, (2) an increase in nondistortionary taxes accompanied by a decreasein distortionary taxes, and (3) an increase in nondistortionary taxes todecrease the deficit. Every other combination of taxes-spending-deficits ispredicted to have “ambiguous” (or zero) growth effects

With respect to the other goals of our study, we find strong evidence ofpublication bias. The results are consistent with researchers and journalsdiscriminating in favor of negative estimated tax coefficients. While thebias is sufficiently large to be statistically significant, it is not large enoughto be economically significant on average, though it may be important inindividual studies

We estimate that a 3.5-percentage-pointincrease in taxes (roughly equivalent to a 10 percent increase) as partof a TaxNegative fiscal package is associated with decreased annualGDP growth of approximately 0.2 percent. The same increase in taxesas part of a TaxPositive fiscal package is associated with an increase inannual GDP growth of 0.2 percent. This compares with an averageannual GDP growth rate of 2.5 percent for the countries in our sample.Stated differently, we estimate there is a 0.4 percent difference inannual GDP growth depending on whether the 3.5-percentage-pointincrease in taxes is part of a TaxNegative or a TaxPositive fiscal pack-age. These estimates suggest that taxes, and how taxes are raised andspent, have moderate impacts on economic growth

ble 5. Summary Statistics of Study Characteristi

Our estimation strategy is built around the following specification:^a1i ¼ b0 þ b1TaxNegative i þ b2TaxPositive i þ Xkdk X ki þ ei; ð3Þwhere the dependent variable, ^a1i, is the estimated tax effect from a regres-sion in study i; TaxNegative and TaxPositive are dummy variables indicat-ing that the estimated tax coefficient is part of a tax-spending-deficitspecification where taxes are predicted to have negative and positiveimpacts on economic growth; and the X k are data, estimation, and studycharacteristics that may influence the sizes of the estimated tax effects.The coefficients b1 and b2 can be interpreted as the estimated growtheffects of a one-percentage-point increase in taxes associated with a Tax-Negative and TaxPositive fiscal policy compared to a one-percentage-pointincrease in taxes associated with a TaxAmbiguous fiscal policy

gure 1. Gemmell, Kneller, and Sanz (2009)’s classification of the growth effects ofvarious fiscal policies’ combinations. Source: Gemmell, Kneller, and Sanz (2009,Table 1, page 19

s.Study Colombier (2009)Romero-A ́ vila andStrauch (2008)Bleaney, Gemmell, andKneller (2001)Afonso and Fuceri(2010)Muinelo-Gallo and Roca-Sagal ́es (2013)Regression Table 1, Column 1 Table 5, Column 5 Table 1, Column 1 Table 5, Column 1 Table 3, Column 1DependentvariableReal GDP percapita growthReal GDP per capitagrowthReal GDP per capitagrowthReal GDP percapita growthReal GDP per capitagrowthTax variable(s) - Average tax rate - Direct taxes- Indirect taxes- Social contributions- Distortionary taxes - Direct taxes- Indirect taxes- Socialcontributions- Direct taxes- Indirect taxesOther fiscalvariable(s)- None - Governmentconsumption- Governmenttransfers- Governmentinvestment- Other revenues- Other expenditures- Budget surplus- Productive expenditures- Nonproductiveexpenditures-None - NondistributiveexpendituresOmitted fiscalcategories- All expenditures- Deficit- Deficit - Nondistortionary taxes - All expenditures- Deficit- Distributive expenditures- DeficitCountries 21 OECDcountries15 EU countries 22 OECD countries 28 OECDcountries21 OECD countriesTime period 1970–2001 1960–2001 1970–1995 1970–2004 1972–2006N

This is where meta-analysis can be helpful. By combining estimated taxeffects from many different studies and controlling for the associated tax-spending-deficit specifications employed by those studies, it makes it pos-sible for estimated tax effects to be more closely matched to actual fiscalpolicies. This could be done by estimating a meta-regression equation withthe estimated tax effects as the dependent variable and a series of dummyvariables as explanatory variables identifying different tax-spending-deficitcombinations. This would allow the policy maker to calculate a predictedtax effect for the specific policy being considered. The challenge is howbest to do th

rst, defenseprograms are not efficient ways to create employment. Thus, it is not wise forstates to use defense spending to create jobs for the purpose of stimulatingtheir economies. Second, increased defense spending does not help or hurtstate economies; its impact is minimal. That said, policymakers need tounderstand that defense increases have an indirect harmful effect on privateinvestment. But since the negative impact of defense spending on privateinvestment mostly occurs when defense programs are financed by deficits, itis not necessary to take into account the impact of defense increases oninvestment in policy decisions as long as increases in defense spending arefinanced by means other than budget deficits

efensespending does dampen private investment at the global level, making this acost of enhancing security

Finally, defense spending shows an immediate, negative, and significanteffect on economic growth, although the effect is rather small. A 1% increasein defense spending as a percentage of GDP decreases economic growth by0.06%. Moreover, this negative effect is mostly offset by the positive effects inthe following two years by 0.03% and 0.01% respectively. In other words, a1% increase in defense spending as a share of GDP results in a 0.02% declinein economic growth. This means the direct effects of defense spending oneconomic growth seem to be almost negligibl

. In other words, the effects of military spending on unemployment arelimited, and military spending does not seem to be a good way to reduceunemployme

In contrast to defense spending, nonmilitary government spendingdecreases unemployment with the negative effects occurring in the sameyear and two years later. The coefficients are –2.28 and –1.05 respectively.A large portion of this effect is cancelled out by the positive effect of militaryspending on unemployment in the following year with the coefficient of 3.41.

Nonmilitary government spending also shows an immediate negative andsignificant effect on private investment, indicated by its negative effect on lag 2.However, a positive and significant effect appears in lag 1. The coefficients forthe first and third year are –1.68 and –0.82 respectively, while the coefficient forthe second year is 3.24. In other words, over a three-year period, a 1% increase innonmilitary government spending as a percentage of GDP will lift privateinvestment by approximately 0.7%. Unlike military spending, nonmilitary gov-ernment spending in the long run shows a stimulating effect on private invest-ment, although the impact is limited. Considering that private investment iscritical for economic growth, nonmilitary government spending indirectly helpseconomic growth through enhancement in private investment in the long run.Turning to other control variables, previous economic growth shows a

. In other words, the overall effects ofdefense spending on private investment, as we hypothesized, are negative.Ceteris paribus, a 1% increase in military spending as a percentage of GDP,on average, will bring down private investment by about 5% over a three-yearperio

SUR is a method used to estimate multiple equations as one big equation toimprove efficiency when there are contemporaneous correlations between theerror terms across equations. For example, if there are N equations, Yi = Xiβi + εiwhere the subscript i refers to the ith equation. These equations can be written asY1Y2...Y n2666437775 ¼X1X2...Xn2666437775 β1β2...βn2666437775 þε1ε2...ε

There are three equations in this study. We can estimate them jointly usingZellner’s (1962) Seemingly Unrelated Regression (SUR) or separatelyemploying Ordinary Least Squares (OLS). According to Zellner, joint estima-tion is asymptotically more efficient if the error terms of the equations arecontemporaneously correlated, although OLS is better if they are indepen-dent from each other (Judge, Griffiths, Hill, Lütkepol, and Lee 1985; Kariya1981; Mintz and Huang 1990, 1991). Thus, we employed the Breusch-PaganTest to find out whether the error terms of equations are contemporaneouslycorrelated. If we cannot reject the null hypothesis that the contemporaneouscorrelation of errors across equations is zero, each equation is estimatedseparately using OLS in order to have efficient estimators. The result of theBreusch-Pagan Test shows that error terms of the equations are contempor-aneously correlated (χ2 ¼ 75:784 with p value of 0.0000). Therefore, SUR isprescribed.

Our data cover almost all sovereign states with annualmilitary budgets. 13 We select 1990 as the starting year for two reasons. First, acomprehensive global examination of the defense-growth relationship hasbeen done during the Cold War years (for example, Heo 1998; Mintz andStevenson 1995; Ward, Penubarti, Cohen, and Lofdahl 1995). Therefore, wewant to focus on the post-Cold War era. The second reason is data avail-ability. Except for OECD members, unemployment data for most countriesunder investigation are not available prior to 1990. We also include post-communist states and former Soviet Republics that were established after1990

“opportunity costs.” Themost common argument in this category is that military spending divertscivilian resources from more productive use

military spending both directly and indirectly helps economic growth byincreasing purchasing power, enhancing aggregate demand, and financingheavy industry, especially armaments

unemploymentit ¼ α2 þ β21 unemploymentit1þ Xnj¼0β22 ln military spendingGDP itjþ Xnk¼0β23 ln nonmilitary spendingGDP it

defense indus-tries create fewer jobs per dollar spent than civilian industrie

Theoretically, defense spending generates jobs directly and indirectly.Direct employment refers to direct hiring of active duty soldiers and civiliansworking for the military.

We expect that military expenditureswill dampen private investment, while nonmilitary spending will encourageinvestment by improving infrastructure and education. Theoretically, capitalstock should be included in the model, but we decided to drop the variabledue to the lack of data availability.6 Our model isln investmentð Þit ¼ α1 þ β11Δ ln GDPð Þit1 þ β12 Inflationitþ Xnj¼0β13 ln military spendingGDP itjþ Xnk¼0β14 ln nonmilitary spendingGDP itkþ e1

Every gun that is made, every warship launched, every rocket fired signifies, in thefinal sense, a theft from those who hunger and are not fed, those who are cold andare not clothed. This world in arms is spending the sweat of its laborers, the geniusof its scientists, and the hopes of its children

The direct and indirect link of the defense-growth nexu

By contrast, the supply-side models focus on the aggregate productionfunction and investigate the direct economic effects of defense spending ongrowth. Thanks to the solid theoretical underpinning of these approaches,studies on the supply-side defense-growth relationship have widely used theFeder-Ram defense-growth model as a theoretical structure (for example,DeRouen and Heo 2001; Heo 1996, 1998, 2000, 2010; Heo and DeRouen1998), although Dunne, Smith, and Willenbockel (2005) have recently criti-cized the theoretical and empirical underpinnings of this approach. Dunneet al. (2005:450) summarize the demand and supply-side effects of defensespending on economic growth as follow

Scholars evaluating the impact of defense spending on growth use bothdemand-side and supply-side models. Demand-side models address thenotion of crowding-out; one source of demand competes for scarce (capital)resources with another source, such as investment or social welfare spending.Thus, dependent variables in demand-side models have included savings,investment, employment, and education or public health expenditures.Unfortunately, demand-side studies use variables with inconsistent modelspecifications due to the lack of a dominant theoretical framework forempirical analysis (for example, Heo 1999; Heo and Eger 2005; Mintz 1989;Mintz and Huang 1990, 1991

Hence it is necessary for a prince wishing to hold his own to know how to do wrong, and to make use of it or not according to necessity. Therefore, putting on one side imaginary things concerning a prince, and discussing those which are real, I say that all men when they are spoken of, and chiefly princes for being more highly placed, are remarkable for some of those qualities which bring them either blame or praise; and thus it is that one is reputed liberal, another miserly, using a Tuscan term (because an avaricious person in our language is still he who desires to possess by robbery, whilst we call one miserly who deprives himself too much of the use of his own); one is reputed generous, one rapacious; one cruel, one compassionate; one faithless, another faithful; one effeminate and cowardly, another bold and brave; one affable, another haughty; one lascivious, another chaste; one sincere, another cunning; one hard, another easy; one grave, another frivolous; one religious, another unbelieving, and the like. And I know that every one will confess that it would be most praiseworthy in a prince to exhibit all the above qualities that are considered good; but because they can neither be entirely possessed nor observed, for human conditions do not permit it, it is necessary for him to be sufficiently prudent that he may know how to avoid the reproach of those vices which would lose him his state; and also to keep himself, if it be possible, from those which would not lose him it; but this not being possible, he may with less hesitation abandon himself to them. And again, he need not make himself uneasy at incurring a reproach for those vices without which the state can only be saved with difficulty, for if everything is considered carefully, it will be found that something which looks like virtue, if followed, would be his ruin; whilst something else, which looks like vice, yet followed brings him security and prosperity.

the critical significance of this phenomenon of uneven growthwhen he promulgated the law of uneven development

The most important factor for the process of international po-litical change is not the static distribution of power in the system(bipolar or multipolar) but the dynamics of power relationshipsover time. It is the differential or uneven growth of power amongstates in a system that encourages efforts by certain states tochange the system in order to enhance their own interests or tomake more secure those interests threatened by their oligopolis-tic rivals. In both bipolar and multipolar structures, changes inrelative power among the principal actors in the system are pre-cursors of international political change

markets, are individualist in origin, spontaneously generated, and unin-tended. In both systems, structures are formed by the coaction of theirunits. Whether those units live, prosper, or die depends on their ownefforts. Both systems are formed and maintained on a principle of self-help that applies to the units. To say that the two realms are structurallysimilar is not to proclaim their identity. Economically, the self-help prin-ciple applies within governmentally contrived limits. Market economiesare hedged about in ways that channel energies constructively. One maythink of pure food-and-drug standards, antitrust laws, securities andexchange regulations, laws against shooting a competitor, and rules for-bidding false claims in advertising. International politics is more nearly arealm in which anything goes. International politics is structurally simi-lar to a market economy insofar as the self-help principle is allowed tooperate in the latter (Waltz, 1979, p. 91

In domestic society, as a resource becomes scarce relative tothe demands of society, the increasing cost of the resourcecreates an incentive for individuals, groups, or the governmentto pay the costs of innovations that will satisfy the unmet de-mand. The most important mechanism for stimulating this incen-tive is the creation and enforcement of new types of propertyrights: A right is conferred on the entrepreneur to enjoy thefinancial rewards of his endeavors (North and Thomas, 1973, p.16). Thus the innovation of the patent system extended the no-tion of property rights to intellectual creations in order to encour-age industrial invention

An increase in some inputs relative to other fixed inputs will, in a givenstate of technology, cause total output to increase; but after a point theextra output resulting from the same additions of extra inputs is likely tobecome less and less. This falling off of extra returns is a consequence ofthe fact that the new "doses" of the varying resources have less and lessof the fixed resources to work with (Samuelson, 1967, p. 26).Or, to put it more succinctly, "the output of any productiveprocess will increase at a decreasing rate if the quantity of onecooperating factor of production is kept constant while that of theothers is increased" (Hirschman, 1971, p. 17). Thus, every factorof production (land, labor, and capital) must increase together (inthe absence of technological advance) if any economy is to es-cape the threat of diminishing returns

When one inquires what these interests or objectivesare, one confronts a long-standing debate between what StanleyHoffmann (1973) called the classiques and the modernes. Theformer, mainly political realists, argue that national security andpower have been in the past and continue to be in the presentthe primary objectives of states. The latter counter that, how-ever true this may have been in the past, attaining domesticeconomic stability and ensuring the welfare of the populace havebecome the foremost objectives of states in the contemporaryworl

he state may be conceived as a coalition of coalitions whoseobjectives and interests result from the powers and bargainingamong the several coalitions composing the larger society andpolitical elite. In the language of Brian Barry (1976, p. 159),collective choice and determination of political objectives arecoalition processes (Cyert and March, 1963, p. 28)

Strictly speaking, states, as such, have no interests, or whateconomists call "utility functions," nor do bureaucracies, interestgroups, or so-called transnational actors, for that matter. Onlyindividuals and individuals joined together into various types ofcoalitions can be said to have interests

. Throughout history, in fact, states and political organiza-tions have varied greatly: tribes, empires, fiefdoms, city-states,etc. The nation-state in historical terms is a rather recent arrival;its success has been due to a peculiar set of historical circum-stances, and there is no guarantee that these conditions will con-tinue into the future

However, the state is the principal actor in that the nature of thestate and the pattern of relations among states are the mostimportant determinants of the character of international relationsat any given momen

If the state is to protect its citizens and their rights, and in theabsence of any higher authority and in a competitive state sys-tem, the state must be "self-regarding" and must look on allother states as potential threats

These internal and external functions of the state and theultimate nature of its authority mean that it is the principal actorin the international system. The state is sovereign in that it mustanswer to no higher authority in the international sphere. Italone defines and protects the rights of individuals and group

Within the territory it encom-passes the state exercises a monopoly of the legitimate use offorce and embodies the idea that everyone in that territory issubject to the same law or set of rules.

The delineation of property rights is necessary if any society isto operate effectively; property rights function by conveying"the right to benefit or harm oneself or others. Harming a com-petitor by producing superior products may be permitted, whileshooting him may not. A man may be permitted to benefit him-self by shooting an intruder but be prohibited from selling belowa price floor" (Demsetz, 1967, p. 347). Thus the nature anddistribution of property rights determine which individuals willbe most benefited and which will pay the most costs with respectto the functioning of different types of social institutions. For thisreason the basic domestic function of the state is to define andprotect the property rights of individuals and groups.

delineation

The absolute mon-arch or contemporary politician has personal objectives he seeksto achieve, the primary one being to maintain himself in offic

Principally through its definition and enforcement ofproperty rights the state protects the welfare of its citizensagainst the actions of other individuals and states and also pro-vides a basis for the resolution of disputes

can provide these "public goods" and overcome the free-riderproblem

The theory of the state that we shall use in this study is thatthe state is "an organization that provides protection and [wel-fare] . . . in return for revenue"

Although resolution of a crisis through peacefuladjustment of the systemic disequilibrium is possible, the princi-pal mechanism of change throughout history has been war, orwhat we shall call hegemonic war (i.e., a war that determineswhich state or states will be dominant and will govern the sys-tem). The peace settlement following such a hegemonic strugglereorders the political, territorial, and other bases of the system.Thus the cycle of change is completed in that hegemonic warand the peace settlement create a new status quo and equilib-rium reflecting the redistribution of power in the system and theother components of the system.

In this book, power refers simply to the military, eco-nomic, and technological capabilities of states.

However, the most destabilizing factoris the tendency in an international system for the powers ofmember states to change at different rates because of political,economic, and technological developments. In time, the differen-tial growth in power of the various states in the system causes afundamental redistribution of power in the system

They do not describe the actual deci-sion processes of statesmen, but as in the case of economic the-ory, actors are assumed to behave as if they were guided by sucha set of cost/benefit calculation

4 Once an equilibrium between the costs and benefits of furtherchange and expansion is reached, the tendency is for the economiccosts of maintaining the status quo to rise faster than the economiccapacity to support the status quo.5 If the disequilibrium in the international system is not resolved,then the system will be changed, and a new equilibrium reflectingthe redistribution of power will be established

A FRAMEWORK FOR UNDERSTANDING INTERNATIONALPOLITICAL CHANGEThe conceptualization of international political change to be pre-sented in this book rests on a set of assumptions regarding thebehavior of states:1 An international system is stable (i.e., in a state of equilibrium) if nostate believes it profitable to attempt to change the system.2 A state will attempt to change the international system if the ex-pected benefits exceed the expected costs (i.e., if there is an ex-pected net gain).3 A state will seek to change the international system through territo-rial, political, and economic expansion until the marginal costs offurther change are equal to or greater than the marginal benefit

e argument of this book is that an international system is estab-lished for the same reason that any social or political system iscreated; actors enter social relations and create social structures inorder to advance particular sets of political, economic, or othertypes of interests.

Internationalrelations continue to be a recurring struggle for wealth andpower among independent actors in a state of anarchy.

. It is not sur-prising that International Relations has tended to be discussed in staticterms, and that stability has tended to be interpreted in terms of themaintenance of the status quo. A dynamic approach to InternationalRelations would immediately confront the analyst with no alternativebut to acknowledge war as the only available mechanism for chang

The facts show that DeNolf spoke both online and face-to-face as a private personabout important public issues that affected him directly and not in his official capacity as anemployee of OSU.

. In Demers, the Ninth Circuit held that “Garcetti does not apply to speech relatedto scholarship or teaching.” 746 F.3d at 406 (internal citation and quotations omitted).

In the alternative, if the Policy is tested at intermediate scrutiny, it meets the same fate as it doesat strict scrutiny. Intermediate scrutiny requires means that are substantially related to animportant interest. United States v. Virginia, 518 U.S. at 524 (1996). Under this test, the stateneeds to advance an “exceedingly persuasive justification” required to sustain its decision toclassify by sex. Id. Whether this is a third tier of intermediate scrutiny or a general description ofthe test itself is unclear. Id. at 596 (Scalia J., Dissenting). What is clear is that such a justificationmust be genuine as opposed to post-hoc. Id., at 533 (majority opinion). I do not doubt that theSchool is sincere in its intentions or that it believes that security will be improved. But that doesequate to an exceedingly persuasive justification. For that reason, intermediate scrutiny is notsatisfied. The Policy is unconstitutional. The District Court should be reversed.

Applying strict scrutiny to the case at hand, the Policy fails. OSU lacks a compelling state interest.While the nation and Olympus do have a history of sex discrimination, more of the same will notsolve that problem – one that is in the rear window. We have or have had female judges andjustices, governors, mayors, cabinet secretaries, a speaker of the house (twice), and a vicepresident. Rather than solving a problem, the School has created new problems. Even if the Schoolproffered a compelled interest, which it has not, its means do not advance that interest in a mannerthat is narrowly tailored. Put simply, OSU could have pursued a course of action that was lessrestrictive. There are many ways to attract female students beyond the discriminatory practicesemployed here. The School, for instance, might utilize enhanced recruitment techniques, advertisein female dominated media markets, or aggressively recruit female candidates, to name but afew. Such methods might accomplish similar results. The existence of such alternatives undercutsthe argument that the Policy is least restrictive and thus not narrowly tailored.

But even a program that educates a high number of future police chiefs andfederal law enforcement leadership does not qualify for the service academy exception referencedin Students for Fair Admissions, Inc., 600 U.S. at 214, n. 4 (2023). While such a program may beprestigious and important for law enforcement, it lacks several key characteristics that distinguishmilitary service academies. First, it has no direct connection to national security: While lawenforcement is crucial for public safety, it does not have the same direct link to national defenseas military academies. Second, unlike service academies, criminal justice programs are not underdirect federal control or supervision

hat is more, the School assertsa general need for a more balanced crop of law enforcement leadership, not necessarily a morebalanced student body, but provides no evidence as to why this is compelling or how it improvesthe education of its students let alone law enforcement leadership or the nation’s security.

he correct test for affirmative action cases—including those involving sex classifications—should be strict scrutiny. I am persuaded by JusticeBrennan’s argument in Frontiero v. Richardson that strict scrutiny should be the correct test forsex discrimination. 411 U.S. 677, 682 (1973) (plurality) (finding “implicit support” for theargument that classifications based on sex are “inherently suspect and therefore be subjected toclose judicial scrutiny”). Sexism, and sex discrimination, are wrong – they are stains to beremoved from the larger body politic. But the government must resort to them to achieve itsobjectives. After all, two wrongs do not equal a right.

Most on point is Renkenv. Gregory, 541 F.3d 769 (7th Cir. 2008) (applying Garcetti to a dispute arising from a universityprofessor’s claim that his employer, the University of Wisconsin-Milwaukee, had retaliated againsthim after he criticized the university itself). In its decision, the Seventh Circuit found that Garcettiapplied because “Renken made his complaints regarding the University's use of NSF fundspursuant to his official duties as a University professor.”

In essence, this approach instructs courts todetermine where the speech occurred—namely, did it occur in the workplace—and whether itconcerned a subject matter relevant to the employee’s employment. Garcetti, 547 U.S. 410, 420–21 (2006).

Under cross-examination by attorneys for DeNolf, two witnesses called by the School who wereinvolved in the Policy conceded that had DeNolf been a woman he would have been accepted

2) that Respondent violated his First Amendment rights when it fired him for complaints he madeabout the admissions policy.

(1) that Respondent’s admissions policy thatgives preferential weight to female applicants violated his right to equal protection of the law

alumni donations, and how it would affect OSU’s highly ranked athletic programs, especiallysince recruiting future student-athletes was dependent on these donations.

and large, the persons who contacted OSU were upsetthat the university, by virtue of the fact that it employed DeNolf, appeared to endorse his pointof view.

A great many of these messages came from the parents of students, donors,and alumni. Several elected officials who called upon OSU to take action in defense of the femalegraduate students at the School—many of whom had been “trolled” on social media and had beenlabeled “Affirmative Action Babies!” B

he asserted, “I believe men and women are equal in every way, I simply want everyoneto be treated equally – a level playing field.”

DeNolf, who was very concerned and distraught by events that had occurred on campus, wasexcited about the festival. DeNolf asked several of his colleagues at OSU, including ProfessorBronner, for suggestions as to which of his poems he should recite. DeNolf did so because severalprofessors were familiar with his work. The consensus was that DeNolf should present a poemhe had written about the Policy entitled “Imagine a Level Playing Field.” The poem followed thelyrics and beat of John Lennon’s song entitled “Imagine.” It addressed society’s use ofaffirmative action to supposedly level the playing field for all. The poem’s theme was that totruly create a world that was fair for all society must forgo affirmative action. Before presentingthe poem, which he sang, while playing an acoustic guitar, DeNolf blasted “the powers that be”and asserted that “affirmative action is inconsistent with true equality.” He called for “an end tolaws that favor people based on immutable characteristics” and called for “students to rise up andchallenge inequality whatever form it takes and wherever they find it—including at OSU

At two academic conferences where he presented papers. The first was at aforum on sex discrimination and the law held on OSU’s campus and the secondwas at a professional association meeting held out of state that was funded byOSU travel support. These papers identified DeNolf as a lecturer at OSU

After DeNolf’s application to the School was rejected, he began to complain in class about thePolicy. Specifically, DeNolf complained that his right to equality had been violated. At timeshe called on female students to defend the Policy. DeNolf was critical of men in class who eitherdid not agree with him or were not actively trying to end the Policy. As the term progressed,DeNolf’s attitude became more vociferous, and he began to complain in settings outside hisclassroom. For example, DeNolf voiced his complaints in the following settings

The faculty at OSU is not unionized.

he School does not deny any of the aforementioned. The School contended in the District Court,however, that the female students in question all brought soft variables and experiences, whichallowed them to add to the overall quality of the incoming class in ways in which DeNolf did not.Some of the admitted female students, for example, came from impoverished backgrounds, hadlived abroad, spoke languages that are frequently critical to the success of law enforcementagencies because of the populations they serve, were single parents, had started their ownbusinesses, had been student-athletes in college, and/or had unique artistic talents. DeNolf hadnone of these soft variables or experiences. Thus, while sex was a factor in their admission (and,by extension, in DeNolf’s rejection), the School argues it was not the deciding factor

On March 17, 2023, DeNolf was notified that his application had been rejected. DeNolf’s GREscore of 164 verbal and 166 quantitative put him just above the 75th percentile nationally,6 his 3.5undergraduate GPA placed him in the top 20% of his graduating class at Kedesh College, but justbelow and his 3.75 graduate GPA in graduate school placed him in the top 20% of his graduatingclass at Kedesh College.7 Using the Freedom of Information Act to get data from the School,DeNolf discovered that while every accepted male met or exceeded his portfolio, many of theaccepted female students did not exceed his GPA or his GRE. In fact, female students wereadmitted with undergraduate GPAs as low as 3.25 and with GRE scores as low as 156 in verbaland 158 quantitative—but not necessarily in combination with each other. Many of the successfulfemale applicants had better work experience than DeNolf

Alfie Sasaki, told DeNolf that what he had done was “admirable” butthat “there was no place for nice guys in mock trial and suggested that he try moot court becausethat was where the law students who were not ruthless enough for mock trial went.

6only; offering female applicants who sign up for tours of the School free tickets to athletic eventsor Amazon.com gift cards; offering two season tickets to all female applicants who choose toattend the School (they can choose from the School’s male or female basketball or volleyballteams); creating five faculty lines dedicated to hiring qualified female faculty; creating severalscholarships for qualified female applicants; and offering School hoodies to the first 500 femalestudents who apply. In addition, the School created the Preparation Program for Female CollegeStudents enrolled in OSU’s criminal justice undergraduate program. This program, which is runby OSU Professor Caitlyn Smith, is funded by a $300,000 grant award from the National FemaleLaw Enforcement Professional Association. This program was designed to reverse the trend thatstarted around 2015, as reported in Table 2, by providing participants mentoring, assistance withpreparing for admissions tests, guidance for interviews, and help with personal statements. Despitethese efforts, the gap between male and female enrollment persists, and the School remains anoutlier regarding female matriculation as compared to other schools regionally and nationall

These included raising its recruitment budget by 20%; targetingtalented female students through the School Admissions Council’s Criminal Justice CandidateReferral Service; visiting every police department within 500 miles of the School twice a year;offering 80% of all females who apply fee waivers; hosting application workshops for females

Nor is there is evidence that it used sex as a stereotypeor as a negative when evaluating applicants. Put another way, the School did not treat all womenor men as being monolithic – as representatives for their sex. To the contrary, the School drilleddeep when it considered each applicant looking past demographics. No applicant was awardedpoints or denied points because of demographic factors such as race, sex, ethnicity, religion, orsexual orientation. The Pettus-Cole Policy, which went into effect on July 1, 2022, afforded eachapplicant an individualized review that gave consideration to a range of attributes that would addto the overall makeup of each entering class, that went beyond sex. For example, life experiences,geographical factors, such as where applicants grew up or where they live, languages spoken, ifthey describe themselves as religious, involvement in their community, the background of theirparents, athletic or artistic abilities, and prior relevant vocational experiences. The Schoolconsiders letters of recommendation, the quality and significance of the candidate's prior workexperience, post-graduate degrees, regional and national leadership, community involvement, andthe quality of their personal statement. Applicants are welcome to discuss how their race, sex,ethnicity, religion, or sexual orientation have affected their lives and any discrimination that theyhave faced. Not all female applicants who were admitted chose to submit a statement along theselines – in fact, most did not. In addition, just over half of the female applicants who wrote such astatement were rejected.

The School has stated a preference to have as much balancebetween men and women as possible and it admits that, in some instances, female applicants areadmitted with lower grades and GRE scores than their male counterparts, but it did not utilize anyfixed numerical quotas or sex balancing.

the decision of Respondent to terminatehis employment.

Respondent’s preferential-admissions policy(hereinafter “the Policy” or “the Pettus-Cole Policy”)

d (2) that Respondent violated his FirstAmendment rights when it fired him for complaints he made about its admissions policy.

(1) that theRespondent’s admissions policy that gives preferential weight to female applicants violates theEqual Protection Clause of the Fourteenth Amendment,

Whether Respondent’s admissions policy, which gives preferential weight tofemale applicants, violates the Equal Protection Clause of the FourteenthAmendment to the United States Constitution

Whether Respondent violated Petitioner’s right to freedom of expression underthe First Amendment to the United States Constitution, as applied to the statesthrough the Due Process Clause of the Fourteenth Amendment

The present case involves officers on a public street engaged in more than naked-eye surveillance of a home. We have previously reserved judgment as to how much technological enhancement of ordinary perception from such a vantage point, if any, is too much. While we upheld enhanced aerial photography of an industrial complex in Dow Chemical, we noted that we found "it important that this is not an area immediately adjacent to a private home, where privacy expectations are most heightened," 476 U. S., at 237, n. 4 (emphasis in original).

As Justice Harlan's oft-quoted concurrence described it, a Fourth Amendment search occurs when the government violates a subjective expectation of privacy that society recognizes as reasonable

In assessing when a search is not a search, we have applied somewhat in reverse the principle first enunciated in Katz v. United States, 389 U. S. 347 (1967). Katz involved eavesdropping by means of an electronic listening device placed on the outside of a telephone booth-a location not within the catalog ("persons, houses, papers, and effects") that the Fourth Amendment protects against unreasonable searches. We held that the 1 When the Fourth Amendment was adopted, as now, to "search" meant "[tJo look over or through for the purpose of finding something; to explore; to examine by inspection; as, to search the house for a book; to search the wood for a thief." N. Webster, An American Dictionary of the English Language 66 (1828) (reprint 6th ed. 1989). 33 Fourth Amendment nonetheless protected Katz from the warrantless eavesdropping because he "justifiably relied" upon the privacy of the telephone booth

The Fourth Amendment provides that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." "At the very core" of the Fourth Amendment "stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion." Silverman v. United States, 365 U. S. 505, 511 (1961). With few exceptions, the question whether a warrantless search of a home is reasonable and hence constitutional must be answered no. See Illinois v. Rodriguez, 497 U. S. 177, 181 (1990); Payton v. New York, 445 U. S. 573, 586 (1980).

All 16- and 17- year-olds misdemeanors start in Family Court New Youth Part within Criminal Courts presided over by specially-trained Family Court judges

On October 1, 2018, the first phase of the Raise the Age law took effect in New York State, meaning the state no longer automatically charges all 16-year-olds as adults. In October 2019, the law phases in 17-year-olds.

anuary 17, 2011

From late December 2010 through mid-January 2011

December 23, 2010

December 21, 2010

December 21, 2010,

December 20, 2010,

90 days.

ecember 19, 2010,

December 18, 2010

in June of 2011

On the afternoon of December 17, 2010

n the meantime,Petitioner returned to classes the next wee

n mid-November 2010,

January, 2011.

In 2010,

By election day 2008

In September 2008

Petitioner Chester Comerford, a tenured law professor at a publically funded andoperated law school known as Olympus State University School of Law,

etitioner, acting as the chat room moderator, was present at all times in the chat room.

heseblackboard pages are the property of the law school.4 Petitioner used these sites to post classassignments. A survey of the site found that roughly two-thirds of the assignments on the FirstAmendment website pertained to speech about threatening federal officials, while half of theassignments on the criminal law website site related to developing arguments related to thedefense and/or prosecution of assassins of federal official

Visitors to the site could read materials about the Constitution and allegations pertainingto the president’s true country of birth that were intended for public viewing. Members of thegroup occasionally referred others to the site so they could learn more about the cause. Guestswere encouraged to inform the public and elected officials about the group’s concerns.Suggested tactics included writing their members of Congress about the cause, starting petitions,picketing at appearances by Senator, and later President, Obama, writing letters to the editor,posting messages on-line, and going on television and radio talk shows. Their efforts to―expose‖ the president as foreign-born intensified after he was inaugurate

f a group called"The Guardians of the Constitution" (the Guardians), of which Petitioner was the creator.1 Thewebsite was the sole conduit used by the Guardians to disseminate information, conductmeetings, and recruit and enlist new members. To become a member, an individual would haveto pledge to protect other members' anonymity, recruit new members, and donate ten percent oftheir annual income in monthly payments not under $100 U.S.D

overnment’s warrantless entry into his chat room violated his Fourth Amendment rights. Heargued that his arrest violated the First Amendment.

The government did not obtain a warrant, but insteadcomplied with the administrative subpoena requirement of 18 U.S.C. §§ 2703(b)(1)(B)(i) and2705(1)(B) of the Stored Communication Act (SCA)

Petitioner ran the website and chat room which, along with the Blackboardwebsites, give rise to the immediate case

a joint task force of the Secret Service (SS) and the FederalBureau of Investigation (FBI) began to investigate Petitioner

Blue noted that the presidentwas scheduled to give the commencement address at Olympus State University in June of 2011and that students and faculty of the law school had been invited

a group called"The Guardians of the Constitution" (the Guardians), of which Petitioner was the creator.

DeNolf Communications.

Neither Pegg nor Thomas werefound to possess any weapons – though Pegg had a license to possess a firearm in Olympus andThomas, a former U.S. Marine who had trained in and was decorated for marksmanship, claimedthat he had not touched a gun since his honorable discharge and that he ―did not believe inviolence – he believed in the Constitution.‖

There was noclear statement or discussion of what the term ―let him have it‖ meant. Nor was there anyevidence that Rider had made specific arrangements to do so – but fellow Guardian TimothyPegg, a resident of Olympus, noted that the president was due to give the commencementaddress at Olympus State University and a second Guardian, Will Thomas, offered to contact atravel agent. No Guardian posted a message taking Thomas up on his offe

On December 21, 2010, achat room member, Casey Rider, an Olympus Law graduate and former student of Comerford’s,initiated a conversation in which she expressed a desire to ―rid us of this imposter and take backour country!‖ Rider stated in the chat room that it would be ―easy‖ for anyone to find thepresident’s travel schedule and to be on-hand when he gave a speech to a group at a fund-raiseror event such as a commencement address. In fact, she wrote that she ―planned to attend such anevent herself in the not so distant future and would really let him have it.‖ Several members,including Petitioner, responded that ―to let him have it would be a good idea.‖

7December 20, 2010, federal law enforcement officials began receiving the content of the chatroom conversations. They did so without being detected by the Guardians. Formerly, livemessaging, such as chat room conversations, was temporary and could not be tracked in theaforementioned manner. New technology, known as "instant messenger reflectors," allowedDeNolf Communications to store chat messages in an archival system as they were sent. Thisenabled third parties to review past post